(a) Documents filed in the Supreme Court
Except as these rules provide otherwise, the number of copies of every brief, petition, motion, application, or other document that must be filed in the Supreme Court and that is filed in paper form is as follows:
(1) An original of a petition for review, an answer, a reply, a brief on the merits, an amicus curiae brief, an answer to an amicus curiae brief, a petition for rehearing, or an answer to a petition for rehearing and either
(A) 13 paper copies; or
(B) 8 paper copies and one electronic copy;
(2) Unless the court orders otherwise, an original of a petition for a writ within the court's original jurisdiction, an opposition or other response to the petition, or a reply; and either:
(A) 10 paper copies; or
(B) 8 paper copies and one electronic copy;
(3) Unless the court orders otherwise, an original and 2 copies of any supporting document accompanying a petition for writ of habeas corpus, an opposition or other response to the petition, or a reply;
(4) An original and 8 copies of a petition for review to exhaust state remedies under rule 8.508, an answer, or a reply, or an amicus curiae letter under rule 8.500(g);
(5) An original and 8 copies of a motion or an opposition or other response to a motion; and
(6) An original and 1 copy of an application, including an application to extend time, or any other document.
(Subd (a) amended effective January 1, 2016; previously amended effective January 1, 2014.)
(b) Documents filed in a Court of Appeal
Except as these rules provide otherwise, the number of copies of every brief, petition, motion, application, or other document that must be filed in a Court of Appeal and that is filed in paper form is as follows:
(1) An original and 4 paper copies of a brief, an amicus curiae brief, or an answer to an amicus curiae brief. In civil appeals, for briefs other than petitions for rehearing or answers thereto, 1 electronic copy or, in case of undue hardship, proof of delivery of 4 paper copies to the Supreme Court, as provided in rule 8.212(c) is also required;
(2) An original of a petition for writ of habeas corpus filed under rule 8.380 by a person who is not represented by an attorney and 1 set of any supporting documents;
(3) An original and 4 copies of any other petition, an answer, opposition or other response to a petition, or a reply;
(4) Unless the court orders otherwise, an original and 1 copy of a motion or an opposition or other response to a motion;
(5) Unless the court provides otherwise by local rule or order, 1 set of any separately bound supporting documents accompanying a document filed under (3) or (4);
(6) An original and 1 copy of an application, other than an application to extend time, or any other document; and
(7) An original and 1 copy of an application to extend time. In addition, 1 copy for each separately represented and unrepresented party must be provided to the court.
(Subd (b) amended effective January 1, 2016; previously amended effective January 1, 2011, January 1, 2013, and January 1, 2014.)
(c) Electronic copies of paper documents
Even when filing a paper document is permissible, a court may provide by local rule for the submission of an electronic copy of the paper document either in addition to the copies of the document required to be filed under (a) or (b) or as a substitute for one or more of these copies. The local rule must provide for an exception if it would cause undue hardship for a party to submit an electronic copy.
Subd (c) amended effective January 1, 2020; adopted effective January 1, 2014; previously amended effective January 1, 2016.)
Rule 8.44 amended effective January 1, 2020; adopted effective January 1, 2007; previously amended effective January 1, 2007, January 1, 2011, January 1, 2013, January 1, 2014; and January 1, 2016.
Advisory Committee Comment
The initial sentence of this rule acknowledges that there are exceptions to this rule's requirements concerning the number of copies. See, for example, rule 8.150, which specifies the number of copies of the record that must be filed.
Information about electronic submission of copies of documents can be found on the web page for the Supreme Court at: www.courts.ca.gov/appellatebriefs or for the Court of Appeal District in which the brief is being filed at: www.courts.ca.gov/courtsofappeal.
Note that submitting an electronic copy of a document under this rule or under a local rule adopted pursuant to subdivision (c) does not constitute filing a document electronically under rules 8.70-8.79 and thus does not substitute for the filing of the original document with the court in paper format.